[edit] SiteTiki Terms and Conditions

SiteTiki respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, SiteTiki reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, SiteTiki has developed the following SiteTiki Terms and Conditions (the “Terms and Conditions”). These Terms and Conditions set forth your rights and obligations when utilizing SiteTiki.com (the “Site”), either as a Visitor, a Registered User, or a Website Owner or Maintainer.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing, browsing, or using the Site, you specifically agree to be bound by theses Terms and Conditions, including all documents, policies and guidelines incorporated by reference.

SiteTiki may revise these Terms and Conditions from time to time. Your continued use of the Site after changes to these Terms and Conditions are posted on the Site shall constitute your acceptance of any new, additional and/or modifications to these Terms and Conditions that result from those changes. Registered Users may subscribe to receive notifications of these changes in their Account Information. Visitors may subscribe to receive notifications of these changes by sending a request e-mail to support AT SiteTiki DOT com. Please list your subject as “Subscribe: Terms and Conditions Notifications”.

Last Updated: December 24, 2007

For the General Terms and Conditions of SiteTiki, and if you are a Visitor to SiteTiki, please click here.

If you are a Registered User of SiteTiki, please click here to view the additional Terms and Conditions that apply to you.

If you are a Website Owner or Maintainer, please click here.

If you are looking for our Intellectual Property Policy (the “IPP”) (and for information on the DMCA) and our Acceptable Use Policy (the “AUP”), please click here.

[edit] General Terms and Conditions for SiteTiki

SiteTiki offers User-provided and edited information regarding various Internet websites. SiteTiki may provide the means for you, a “Visitor,” to acquire and disseminate a wealth of public, private, commercial, and non-commercial information.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When you obtain information through SiteTiki, you must keep in mind that SiteTiki cannot, and does not, monitor, verify, warrant, or vouch for the accuracy and quality of the information that you may acquire. For this reason, you must exercise your best judgment in relying on information obtained from SiteTiki, and also should be aware that some material posted to the Internet, and subsequently on SiteTiki may be sexually explicit or otherwise offensive.

SiteTiki does not review, edit, censor, or take responsibility for any information SiteTiki’s Registered Users may create. SiteTiki cannot accept any responsibility for any injury to you that results from the use of any inaccurate, unsuitable, offensive, or illegal Internet communications.

SiteTiki does not endorse any particular content or information available via SiteTiki.com. SiteTiki does not and cannot represent that any content or information available on or through the Site is accurate, appropriate, decent, in compliance with laws, suitable for any purpose, sufficient to meet your needs or interests in reviewing it, or is what it purports to be. The Site contains hyperlinks and/or other references to other websites which SiteTiki does not own or operate. Such hyperlinks are provided for your reference only. SiteTiki makes no warranties or representations regarding the availability of, or the content located on or through, such third party websites. Moreover, SiteTiki does not endorse, sponsor, or review the content contained at the Internet websites to which hyperlinks are directed, nor does SiteTiki represent that such websites are appropriate for children, in compliance with laws, or are what they purport to be. SiteTiki does not accept any responsibility or liability for content contained at such other Internet websites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Site.

SiteTiki may disclose information about its Visitors in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. SiteTiki assumes no obligation to inform the Visitor that his or her information has been provided and in some cases may be prohibited by law from providing such notice. SiteTiki reserves the right to and may disclose subscriber information or information transmitted over its network where necessary to protect SiteTiki and others from harm, or where such disclosure is necessary to the proper operation of the system.

When anyone visits SiteTiki.com, (whether a Registered User or not) SiteTiki may send your computer a Cookie to identify your browser. Cookies allow SiteTiki to track and compile your browsing habits on the Site. SiteTiki uses Cookies for such functions as verifying whether you are a Registered User and tracking your visits to the Site. SiteTiki further uses Cookies to determine the number of Visitors that visit the Site. Your Cookie number is also used to create usage paths and to correlate those with any demographic information you provide, but SiteTiki does not use such cookies or usage paths to attempt to determine your identity. SiteTiki may use Cookies to serve specific advertisements to you on SiteTiki based on your browsing habits which were tracked by the Cookies. Most browsers allow you to disable Cookies (i.e., not allow SiteTiki’s servers to send Cookies to your browser); however, some of SiteTiki’s services may not function properly if you disable Cookies.

SiteTiki may also use pixel tags (also known as clear gifs) in connection with e-mails SiteTiki may send you (provided you consent to receive emails) to let SiteTiki know if you opened the email. SiteTiki also may use pixel tags to track your browsing habits on SiteTiki. SiteTiki uses pixel tags to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. SiteTiki may use pixel tags to serve specific advertisements to you on SiteTiki based on your browsing habits which were tracked by the pixel tags. The information collected through pixel tags is not personally identifiable.

The proprietary software associated with the Site, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work (and subject to other intellectual property laws). Subject to your compliance with all of the Terms and Conditions, and in consideration of your promises reflected in these Terms and Conditions, SiteTiki grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Site (and the underlying accessible software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under the Terms and Conditions.

As pointed out, the responsibility for avoiding the harmful activities listed in the Acceptable Use Policy rests with the Registered Users. SiteTiki will not, as an ordinary practice, monitor the communications of its Registered Users to ensure that they comply with SiteTiki policy or applicable law. When SiteTiki becomes aware of harmful activities, however, SiteTiki may take any action to stop the harmful activity, including but not limited to, editing or modifying information, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Site, or take any other action SiteTiki deems appropriate.

For more information on the Intellectual Property Policy or Acceptable Use Policy, please click here.

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. SITETIKI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SITETIKI MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITETIKI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.

YOU AGREE THAT SITETIKI WILL NOT BE LIABLE FOR ANY ACTUAL, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT SITETIKI’S ENTIRE AGGREGATE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THE TERMS AND CONDITIONS AND ANY BREACH OF THE TERMS AND CONDITIONS IS SOLELY LIMITED TO THE AMOUNTS PAID FOR SUCH SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

[edit] Terms and Conditions for Registered Users of SiteTiki

Table of Contents:

     1.1 Registered Users are also Visitors.
     1.2 Requirements of Registered Users.
          1.2.1 Registration Obligations
          1.2.2 Account Security
          1.2.3 Licensing
     1.3 Responsibilities of Registered Users.
          1.3.1 Acceptable Use Policy
          1.3.2 Intellectual Property Policy
     1.4 Indemnification
     1.5 Termination

1.1 Registered Users are Also Visitors.

As a Registered User, you are also a Visitor. By becoming a Registered User, you agree to be bound by the Terms and Conditions for Registered Users (the Agreement), as well as to be bound by the Terms and Conditions, located here.

1.2 Requirements of Registered Users.
     1.2.1 Registration Obligations

In consideration for access to certain portions of the Site, you may be required to provide SiteTiki with certain information ("Registration Data"). You agree, represent and warrant that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be regularly maintained and updated by you to keep it true, accurate, current and complete. SiteTiki reserves the right to terminate your use of the Site and refuse to provide you with any and all current or future use of the Site if SiteTiki, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.

     1.2.2 Account Security

You will obtain a user name and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify SiteTiki of any unauthorized use of your user name or any other breach of security. SiteTiki cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.

     1.2.3 Licensing

With respect to any content (including, without limitation, any news, reviews, entertainment, information, or other text or images) you post to the Site (“Your Content”), you agree and hereby grant to SiteTiki a perpetual, royalty free and non-exclusive right and license to publish Your Content on the Site or on any other website or in any other media worldwide. SiteTiki may reproduce, modify, adapt, delete, distribute and/or publish any of Your Content for any reason, in any media, at any time. For example, SiteTiki may utilize Your Content for online or offline advertising which promotes SiteTiki or the Site, without any royalty or payment being owed to you. Similarly, SiteTiki may license Your Content to third parties, without any royalty or payment being owed to you.

You represent, warrant, and guarantee that you have the full right, ability, and authority to post Your Content to the Site and grant this license to SiteTiki.

1.3 Responsibilities of Registered Users.

As a Registered User, unless SiteTiki otherwise notifies you or restricts your use of the Site, you may freely post and edit content, including comments, entertainment, and information, to and at the Site. You agree that all such posts and edits shall reasonably relate to the topic of information intended for the pages to which you post or edit content (the “Subject Websites”). For example, if you edit the page entitled “SiteTiki.com” then you must limit the content you post to information about or related to the SiteTiki.com website.

     1.3.1 Acceptable Use Policy

As with all Visitors, as a Registered User, you are bound by our Acceptable Use Policy. The responsibility for avoiding the potentially harmful and prohibited activities listed in the Acceptable Use Policy rests with you, as a Registered Users. SiteTiki will not, as an ordinary practice, monitor the communications of its Registered Users to ensure that you comply with SiteTiki policy or applicable law. When SiteTiki becomes aware of harmful activities, however, SiteTiki may take any action to stop the harmful activity, including but not limited to, editing or modifying information, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Site, or take any other action SiteTiki deems appropriate.

     1.3.2 Intellectual Property Policy

As a Registered User of this site, you are also bound by our Intellectual Property Policy.

1.4 Indemnification

By registering with SiteTiki, you agree that you are solely responsible for your acts, omissions, obligations, representations or misrepresentations related in any way to your use of SiteTiki.

By registering with SiteTiki, you specifically agree to indemnify, defend and hold harmless SiteTiki and its employees, parent companies, subsidiaries, directors, officers, representatives, agents, affiliates and third party beneficiaries, including but not limited to the Subject Websites and all governing authorities (“Indemnified Parties”), against any and all claims, lawsuits, actions, liabilities, damages, awards, costs and expenses (including attorneys and expert witness fees) of any kind asserted against any of the Indemnified Parties based on, arising from or related to your use of SiteTiki, including, but not limited to, any and all claims alleging a violation of this Agreement, SiteTiki policy, applicable law, or any third party rights whether based in contract or tort, including without limitation, claims alleging intellectual property infringement, defamation, breach of confidence or right of privacy (collectively, the “Indemnified Claims”). SiteTiki reserves the right to defend any Indemnified Claims without your approval. You agree not to enter into any settlement or compromise of any Indemnified Claim without SiteTiki’s prior written consent. In the event that SiteTiki is threatened with an Indemnified Claim, it may request your written assurances of compliance with these indemnification obligations. Your failure to provide requested written assurances shall constitute a material breach of this Agreement and may result in suspension or termination of your account and/or legal action.

1.5 Termination

SiteTiki reserves the right to terminate this Agreement automatically if you fail to comply with any provisions in this Agreement. You agree that SiteTiki is not required to provide you any notice in effectuating such termination. Additionally, SiteTiki may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, your rights under this Agreement are terminated and you agree to stop using the Site.

[edit] Information for Website Owners or Maintainers

Opt Out Instructions:

If you are a website owner or maintainer and do not wish to have your website listed on SiteTiki, please follow the Bot Removal Instructions below. Then, if you would like your website removed from SiteTiki, please send an e-mail to remove AT SiteTiki DOT com with the following information:

1) A request to remove your website from our system.

2) An affidavit that you are authorized to have the website removed.

          i. For instance: "I, [legal name], am fully authorized by           [website url] to act on its behalf. We hereby request           that SiteTiki remove our website from your system."

3) The request must come from either an e-mail address from that website or from the e-mail address listed in the WhoIs information for the domain. If you have your WhoIs information privacy blocked, you must send the request from an e-mail address from the domain.

Once we have received and verified your removal request, a webpage will still appear when a Visitor inputs your website URL, but will only have a placeholder that states, "This website no longer has a page on SiteTiki.com". This page will not be available for editing by any Registered User other than an administrator. It may take up to 10 days to process your request.

SiteTiki Bot Removal Instructions:

The SiteTiki Bot is used to build and rebuild the page information about the Subject Websites. We are working on a tool for website owners to block the Bot from pulling their hosted information. Until that tool is completed, we will be manually removing pages that have opted-out each time that the Bot is run. Please follow the Opt-Out instructions above to remove your website from our listing.

For complaints regarding violations of our AUP or our IPP, please see below.

[edit] Intellectual Property Policy and Abuse Procedures

Intellectual Property Policy

SiteTiki respects intellectual property rights. As with all user-driven and information-based forums, infringement disputes may arise. SiteTiki strives to avoid intellectual property disputes and has adopted policies and procedures to guard against the same. For example, SiteTiki complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512, and has implemented like procedures for addressing other intellectual property claims, and allows website owners to opt out of inclusion in SiteTiki.

SiteTiki provides a service to the Internet community by promoting the free flow of information concerning domain names and related websites. The information presented is intended to be informative, educational, critical, and accurate. Registered Users of the SiteTiki site may post content in accordance with SiteTiki’s terms and conditions of use. Pursuant to agreement, Registered Users grant SiteTiki a license to reproduce and display the content they provide. In addition, SiteTiki may include some content from third-party sites for the purposes of providing information about those sites. Providing this content is necessary for the provision of complete information about a site. SiteTiki may also display reduced thumbnail-size images of web-pages that are licensed directly through www.thumbshots.com. To the extent the aforementioned content is subject to copyright protection, SiteTiki’s use is “fair” under 17 U.S.C. sec. 107. If website owners prefer that SiteTiki not include information about their websites, they may follow the instructions provided above to opt out of coverage by SiteTiki. Please note that it may take up to ten (10) business days to process requests for removal.

Copyright Infringement Complaints:

Due to the user-driven and open nature of this Site, it is possible that users may post content that you contend infringes your copyrights. If so, please provide SiteTiki with a notice of infringement (“Infringement Notice”) that complies with the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. sec. 512(c). SiteTiki will respond to notices of alleged infringement that comply with the DMCA, and where applicable will expeditiously remove or disable access to the allegedly infringing content and/or terminate repeat infringers. The DMCA also contains provisions that allow the provider of the accused content to repost the accused content. You may wish to examine the DMCA yourself and/or contact an attorney to explain what rights you may have. SiteTiki cannot, and will not, provide legal advice.

To file an Infringement Notice with SiteTiki, you must provide a written communication that complies with the DMCA, preferably by email. Title 17 U.S.C. sec. 512(c) requires that valid DMCA notices include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send the above information to the designated agent, Tessa Pope, Esq. at:

E-mail: copyright AT SiteTiki DOT com

Fax: 303-708-2494

US Mail:

          SiteTiki DMCA Compliance
          Tessa Pope, Esq.
          c/o Legal Department
          Verio Inc.
          8005 S. Chester St. Suite 200
          Centennial, Colorado 80112

Other Intellectual Property Infringement Complaints

If you contend that information posted at SiteTiki infringes other intellectual property rights, please send an Infringement Notice that contains the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the work, mark or right claimed to have been infringed, or, if more than one, a list of all such works, marks and/or rights at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, mark or right, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Send the above information to the designated agent, Tessa Pope, Esq. at:

E-mail: copyright AT SiteTiki DOT com

Fax: 303-708-2494

US Mail:

          SiteTiki DMCA Compliance
          Tessa Pope, Esq.
          c/o Legal Department
          Verio Inc.
          8005 S. Chester St. Suite 200
          Centennial, Colorado 80112

You may wish to contact an attorney to explain what rights you may have regarding your infringement claim. SiteTiki cannot, and will not, provide legal advice.

Acceptable Use Policy for SiteTiki:

The following activities are considered violations of SiteTiki’s Acceptable Use Policy:

• Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). When a complaint is received, SiteTiki has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

• Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. In some circumstances, SiteTiki is required by law to remove or block access to content upon receipt of a proper notice of copyright infringement. It is also SiteTiki's policy to terminate the privileges of Users who commit repeat violations of copyright laws and/or these Terms and Conditions.

• Obscene Speech or Materials -- Using SiteTiki to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. SiteTiki will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, SiteTiki's network.

• Defamatory or Abusive Language -- Using SiteTiki's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

• Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

• Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally, or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and/or sending of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

• Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or applicable terms and conditions, which includes the facilitation of the means to spam, initiate pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

• Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

• Unless you have a separate written agreement with SiteTiki authorizing you to do so, you will: (i) not copy or distribute any software or source code behind the Site to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Site or otherwise attempt to discover or re-create the source code to the Site; (iii) comply with all applicable laws in using or accessing the Site; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of SiteTiki or its suppliers in any portion of the Site.

• Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

• Other Activities -- Engaging in activities, whether lawful or unlawful, that SiteTiki determines to be harmful to its subscribers, operations, reputation, goodwill, customer relations, Visitors and/or Users.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests with the Registered Users. SiteTiki will not, as an ordinary practice, monitor the communications of its Registered Users to ensure that they comply with SiteTiki policy or applicable law. When SiteTiki becomes aware of activities it, in its sole discretion determines to be harmful, however, it may take any action to stop the harmful activity, including but not limited to, modifying or removing information, shutting down a web page, implementing screening software designed to block offending transmissions, denying access to the Site, or take any other action it deems appropriate.

SiteTiki may disclose information, including but not limited to, information concerning a Visitor, Registered User, Website Owner/Maintainer, subscriber, a transmission made using its network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, preservation request or governmental request. SiteTiki assumes no obligation to inform the subject of these requests that information has been provided and in some cases may be prohibited by law from giving such notice. Finally, SiteTiki may disclose subscriber information or information transmitted over its network where necessary to protect SiteTiki and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including SiteTiki and its subscribers, as responsible members of the Internet. To submit a complaint regarding a violation of this AUP, please e-mail abuse AT SiteTiki DOT com.